An employer may only carry out the testing or retesting for the presence or evidence of use of drugs or alcohol after adopting a written policy for the testing and retesting and informing employees of the policy. The employer may inform employees by distributing a copy of the policy to each employee subject to testing or making the policy available to employees in the same manner as the employer informs its employees of other personnel practices, including inclusion in a personnel handbook or manual or posting in a place accessible to employees. The employer must inform prospective employees that they must undergo drug testing.

The written policy on drug and alcohol testing must include, at a minimum:

1. a statement of the employer's policy respecting drug and alcohol use by employees

2. a description of those employees or prospective employees who are subject to testing

3. the circumstances under which testing may be required

4. the substances as to which testing may be required

5. a description of the testing methods and collection procedures to be used, including an employee's right to a confirmatory drug test to be reviewed by a licensed physician or doctor of osteopathy after an initial positive drug test result

6. the consequences of a refusal to participate in the testing

7. any adverse personnel action that may be taken based on the testing procedure or results

8. the right of an employee, on the employee's request, to obtain the written test results and the obligation of the employer to provide written test results to the employee within five working days after a written request to do so, so long as the written request is made within six months after the date of the test

9. the right of an employee, on the employee's request, to explain in a confidential setting, a positive result; if the employee requests in writing an opportunity to explain the positive test result within 10 working days after the employee is notified of the test result, the employer must provide an opportunity, in a confidential setting, within 72 hours after receiving the employee's written notice, or before taking adverse employment action

10. a statement of the employer's policy regarding the confidentiality of the test results.

The employer's policy may provide for testing in the course of investigations, upon reasonable suspicion of drug or alcohol use that adversely affects job performance or the work environment, and/or random testing of employees or groups of employees.

§23.10600-23.10.699 (1997)
Provides protection to employers who establish a drug and alcohol policy and testing program in compliance with the act. Collection, testing and confidentiality procedures are mandated.

§23.30.080 (1993)
An employer may not be liable for an employee's injury or death when the injury arises from the employee's willful intoxication.